Friday, October 18, 2024

Elon Musk’s Grok AI faces EU scrutiny for ‘opting in’ every X user’s personal posts without asking

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Ireland’s Data Protection Commissioner says it is “surprised” by the move, with other privacy experts saying it is against EU data privacy law, partially because it cannot be changed by X users on smartphones. However, there is a way of opting out on desktop versions of X.

X CEO Elon Musk

Ireland’s Data Protection Commissioner says that it is “surprised” that Elon Musk’s X platform has automatically ‘opted in’ all X users into its Grok AI training programme without a choice. The watchdog says that it will now probe the matter further with X to see whether it complies with EU privacy law.

The move, which cannot be reversed by those using the mobile app, means that Grok AI is using X users’ personal information, including posts, to build its own AI as a rival to ChatGPT and Google Gemini.

“The DPC has been engaging with X on this matter for a number of months, with our latest interaction occurring as recently as yesterday,” said a spokesperson for the DPC.

“Therefore we are surprised by today’s developments. We have followed up with X today and are awaiting a response. We expect further engagement early next week.”

News of the move came as a surprise to many on X, who weren’t previously notified of the opt-in.

Privacy experts here have cast doubt on whether the move meets European standards.

“It fails a transparency test as there’s no information about it and the opt-out they’ve given is only available on the desktop version, which many people don’t use,” said Darah OBrien, founder and managing director of Castlebridge.

“I would be surprised if the DPC doesn’t have something to say about it.”

For those unhappy about not being given the choice beforehand, it is possible to opt out by visiting the website x.com on a laptop or PC, selecting ‘settings’, then ‘privacy and safety’ and then ‘Grok’. The box which is ticked can then be unticked.

X is already in trouble with European authorities after the EU Commission said that blue ticks on X are deceptive and the online platform falls short on transparency and accountability requirements. Outlining preliminary findings under the Digital Services Act (DSA), Brussels said that blue ticks now constitute “dark patterns” that are not in line with industry best practice, and can be used by malicious actors to deceive users.

Mr Musk’s platform, which has seen advertisers desert it because of extreme content allowed on the service, now faces a significant fine under the DSA.

This week, Mr Musk ran a poll on his own X account asking whether he should ask Tesla’s board to transfer $5bn from the car company into X for the purposes of developing AI further.

He has previously expressed annoyance that OpenAI, which he helped with seed funding, has become one of the biggest generative artificial intelligence platforms.

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